Scott W. Pink

Special Counsel

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A former general counsel for a major media company, Scott Pink brings an insider’s perspective to his broad-based practice. It’s what’s made him the lead outside advertising and marketing counsel to several well-known brands, and a sought-after resource on intellectual property, privacy and cybersecurity issues.

He advises technology, media, entertainment and a variety of consumer product and franchise companies on issues of intellectual property counseling; social media law; cybersecurity and privacy; and advertising, marketing, and promotions law.

Scott had led many privacy and security compliance initiatives worldwide for clients, including GDPR compliance, HIPAA compliance audits, compliance with financial security regulations (NYDFS) and security audits for cryptocurrency and blockchain companies. He is a thought leader on GDPR issues, having published articles in Cybersecurity Law Report and speaking at conferences hosted by the International Association of Privacy Professional.

Scott also has extensive experience in technology related transactions and other legal issues in the life science field. He has represented cutting edge life science, biotech and nutritional supplement companies on privacy and security policies and issues, product development agreements, tech transfer agreements with Universities, agreements with health care providers, collaboration agreements, patent licenses, marketing agreements, materials transfer agreements, manufacturing agreements,  marketing agreements and marketing compliance.

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Corporate & Government Experience

  • Vice President, General Counsel and Secretary, Prima Communications
  • General Counsel and Ex-Officio Board Member, Linking Education and Economic Development (LEED)

Honors & Awards

  • Recognized by World Trademark Review 1000 – The World’s Leading Trademark Professionals (2020-2021)
  • Recognized by Best Lawyers® 2022 for Information Technology Law in Silicon Valley, CA; Scott has been listed in Best Lawyers® since 2007
  • Recognized for Intellectual Property in Northern California by Super Lawyers, San Francisco, and Law & Politics magazines
  • Voted a top attorney by the Sacramento Business Journal

Admissions

Bar Admissions

  • California
  • Illinois

Education

  • Harvard University, J.D., cum laude
  • Harvard University, B.A., magna cum laude

Professional Activities

  • Member, International Trademark Association (INTA), Data Protection Committee (2022 – 2023)
  • Member of Intellectual Property Committee of California State Bar (1993 – 1997)
  • Past Chair of San Francisco Intellectual Property Section (1993 – 1996)
  • Chair of Sacramento Bar Association Intellectual Property Section (2014 to 2017)
  • Co-chair, American Bar Association Business Law Section, Cybersecurity & Privacy Task Force (2003 – 2005)
  • Chair, American Corporate Counsel Association Intellectual Property Committee (2003)
  • Advisory Committee, McGeorge School of Law Intellectual Property Law Program
  • Men’s Division Board of Governors, US Lacrosse (2009 – present)
  • President, Sacramento Valley Lacrosse Conference (2008 – present)
  • Founder and President, Granite Bay Youth Lacrosse Club (2004 – present)
  • General Counsel and Ex-Officio Board Member, Linking Education and Economic Development (LEED) (2006)
  • Director and Secretary, Eureka Youth Soccer Club (2001 – 2005)
  • Adjunct Professor of Law, UC Davis Law School, teaching Computers and the Law (1996 – 1997)

Author

  • Co-Author, “Voter-Approved Privacy Law Could Mean Big Changes for Big Tech,” PLI Chronicle (December 2020)
  • California Consumer Privacy Act Annotated,” Practising Law Institute (July 2020)
  • Where Will The Needle Land? COVID-19 Contact Tracing v. Protecting Personal Privacy?” Law Journal Newsletters (June 2020)
  • “Smart Toys Under The Tree Raise Privacy Concerns,” Law360 (December 19, 2018)
  • “The Big Push for a Federal Privacy Law: What Does it Mean for State Regulators?” Government Technology (October 19, 2018)
  • “The Case for a Uniform Privacy Law,” Connected World (October 17, 2018)
  • “Countdown to GDPR Enforcement: Final Steps and Looking Ahead,” Cybersecurity Law Report (May 16, 2018), with Mallory Jensen and Amanda Bradley
  • “Five Months Until GDPR Enforcement: Addressing Tricky Questions and Answers,” Cybersecurity Law Report (December 20, 2017), with Hayley Ichilcik and Mallory Jensen
  • Chapter on “Using and Protecting Copyrighted Works on the Internet,”  Intellectual Property Law in Cyberspace (American Intellectual Property Law Association 2012 – 2016 Supplements)
  • “Privacy Policies,” Privacy and Security Law Report (July 5, 2004)
  • “Locked In,” Daily Journal (September 8, 2003)
  • “Cybersecurity: Public Disclosure,” Privacy and Security Law Report (June 30, 2003)
  • The Internet and E-commerce Legal Handbook, Random House (2001)
  • Defending the Software Infringement Case, 54 Am.Jur.Trials 261 (1995)

Speaker

  • “The In-House Perspective,” California Privacy Law, Practising Law Institute (2021, 2020)
  • “Expert Panel Session, Q&A,” PrivacyConnect Online Sacramento by OneTrust (July 14, 2020)
  • “The HIPAA Privacy Rule and COVID-19: Trends, Developments, and Compliance Issues in the Current Pandemic,” The Knowledge Group (May 28, 2020)
  • “Returning to the Workplace Amidst COVID-19,” O’Melveny Webinar (May 20, 2020)
  • “The California Consumer Privacy Act: Understanding Its Practical Impact,” LA Cyber Lab Security Summit (September 17, 2019)
  • “HIPAA Compliance in 2019: Are Changes Coming?,” The Knowledge Group (May 28, 2019)
  • “General Data Protection Regulation - Compliance Check,” Lexpert Business of Law (November 27th, 2018)
  • “GDPR’s New Data Protection Laws: Legal and Regulatory Compliance Strategies You Need to Know,” The Knowledge Group's The Knowledge Congress Live Webcast Series (July 2018)
  • Is the California Consumer Privacy Act Part of a Trend?,” Legal Talk Network’s Digital Detectives Podcast (July 2018)
  • “Operationalizing the GDPR - Sharing Best Practices,” International Association of Privacy Professionals’ San Francisco Bay Area KnowledgeNet Session (February 2018)
  • “Hot Topics & Best Practices in Advertising Law, Claim Substantiation and Self-Regulation,” 2018 NAD West Coast Conference (May 2018)
  • Chip Connect v. Calibur 11, et al. (E.D.Cal.). Lead attorney for plaintiff in copyright infringement, trade secret misappropriation and trademark infringement case which resulted in a preliminary injunction enjoining sale of defendants’ entire product line
  • Winstream v. C-Media (AAA arbitration). Successful defense of Taiwanese-based hardware manufacturer in claim for breach of intellectual property evaluation agreement
  • The Evercare Company, Lint Rollers, NAD Case #5139 (January 27, 2010). Lead attorney in successfully defeating challenge to #1 selling product claims
  • In the matter of Moran Foods Inc. dba Save-A-Lot (California Office of Administrative Hearings). Lead attorney in an administrative proceeding which overturned cease and desist order that client operated a franchise system under California law
  • Meridian Project Systems, Inc. v. Hardin Construction Company, LLC, et al. Lead attorney on software case involving claims of reverse engineering, copyright infringement, and unfair competition. Resulted in several published opinions on issues of first impression – 426 F. Supp. 2d 1101 (E.D.Cal. 2006) and 404 F.Supp.2d 1214 (E.D. Cal. 2005)
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Alerts and Publications

The Deadline for EU Standard Contractual Clauses is Here, Are You Ready?

September 27, 2021

TechCrunch: What China’s new data privacy law means for US tech firms

September 9, 2021

European Commission Revises Rules for International Data Transfers

June 16, 2021

Supreme Court Narrows Computer Trespass Law

June 9, 2021

Government Imposes Mandatory Cybersecurity Requirements on Pipeline Operators in Response to Ransomware Attack

June 2, 2021

Biden Executive Order Sets the Table for Industry Cybersecurity Reform

May 17, 2021

New Regulation of Digital Platforms in Japan

April 1, 2021

Virginia is for Lovers and Now It’s for Lovers of Data Privacy

March 15, 2021

Draft EU Adequacy Decision Paves the Way for Smooth EU-UK Data Flows Post-Brexit

March 8, 2021

The CCPA and Belaire Notices: Civil Discovery in California’s New Privacy Era

February 25, 2021

CCPA Case Tracker

February 16, 2021

Data Security and Privacy Predictions for 2021: 6 Issues to Watch

January 28, 2021

Despite Brexit Deal, UK Data Transfers Remain in Limbo

January 4, 2021

European Commission Plan to Reform Europe’s Digital Space - Part 2 - Draft Digital Services Act

December 23, 2020

European Commission Plan to Reform Europe’s Digital Space - Part 1 - Draft Digital Markets Act

December 21, 2020

Staying Ahead of the EU Data-Protection Curve: How Companies Can Ensure Continued Transatlantic Data Transfers

December 1, 2020

Voter-Approved Privacy Law Could Mean Big Changes for Big Tech

November 9, 2020

Business Homu: Will The US Finally Enact a Federal Data Privacy Act – Comparing Bills Introduced by the Republican Party and Democratic Parties

October 30, 2020

Japan Enacts Significant Amendments to its Data Privacy Law, Opening the Door to Restrictions on Foreign Businesses Doing Business in Japan

October 22, 2020

Treasury Issues New Guidance on Risks of Ransomware Payments

October 9, 2020

California Legislature Passes Bill Extending CCPA Exemptions

September 3, 2020

Picking up the Pieces After Schrems II

July 30, 2020

California Consumer Privacy Act Annotated

July 13, 2020

Trademark Pops the Dot Com Bubble: SCOTUS Approves BOOKING.COM

July 6, 2020

California Attorney General Issues Final Proposed CCPA Regulations

June 4, 2020

Law.com: Where Will The Needle Land? COVID-19 Contact Tracing v. Protecting Personal Privacy

June 1, 2020

Protecting Your Brand in the Midst of a Pandemic

May 11, 2020

California Attorney General Reinforces Need for CCPA Compliance

April 15, 2020

Managing COVID-19 Privacy Issues—A Checklist for Mitigating Legal Risk

March 31, 2020

O’Melveny Coronavirus Task Force: Data Security and Privacy Considerations During the COVID-19 Response

March 16, 2020

Attorney General Xavier Becerra Releases Modified CCPA Regulations

February 18, 2020

O’Melveny Releases State-by-State Guide to US Data Breach Notification Laws

January 29, 2020

EU Advocate General Opinion Is a Mixed Bag for Companies Engaging in US-EU Data Transfers

January 27, 2020

What’s Next in Data Security and Privacy? 6 Trends to Watch in 2020

January 21, 2020

California Attorney General Notifies California Consumers of Their Rights Under the California Consumer Privacy Act

January 8, 2020

O’Melveny Releases CCPA Toolkit, A Resource for California’s New Privacy Law

December 19, 2019

EDPB Finalizes Guidance on GDPR Applicability Outside EU

December 11, 2019

Getting Prepared for New York’s Expanded Security Breach and Data Security Requirements

November 18, 2019

In the News

Daily Journal: US Companies Might Handle China Data Privacy Law Well

August 23, 2021

Daily Journal: Trends in State Privacy Laws: Is it Time for a Federal Law?

May 21, 2021

Daily Journal: Other states copy California’s Consumer Privacy Act

April 16, 2021

Above The Law: Consumer Privacy Protection: Are You Up To Speed On The CCPA?

March 23, 2021

Cybersecurity Law Report: Six Ways to Address Privacy Concerns in Biometric Vendor Contracts

March 3, 2021

TechNews World: Is 2021 the Year Cyberattacks Force Privacy Laws to Grow Some Teeth?

February 4, 2021

Law360: NY, FTC Lead Charge To Expand Biometric Privacy Shields

January 15, 2021

SC Media: Data Questions Remain as UK Exits EU

December 28, 2020

Practising Law Institute: Voter-Approved Privacy Law Could Mean Big Changes for Big Tech

December 4, 2020

TAG Cyber Law Journal: 10 Questions About California’s Newest Privacy Law

November 17, 2020

Law360: Facing COVID-19 Scams, Companies Turn To Trademark Law

October 21, 2020

Law360: O’Melveny Reps Celebs Launching LA Women’s Soccer Team

July 21, 2020

Legaltech News: Facial Recognition Bans Could Intensify Scrutiny Over Private Sector’s Tech

July 2, 2020

Law360: COVID-19 Hacks Bring Cyber Hygiene Into Sharp Focus

April 14, 2020

Communications Daily: Attorneys Dismiss Calls for FTC to Scrutinize COVID-19 Privacy

April 1, 2020

Private Equity Wire: O’Melveny Advises WeWork on Meetup Sale

March 31, 2020

TAG Cyber Law Journal: The CCPA is Here, But the Wait Continues

February 1, 2020

San Jose Mercury News: What Californians can do about Creepy Data Collection in 2020

January 1, 2020

Software Development Times: CCPA Set to Take Effect at the Start of 2020

December 6, 2019

Press Releases